People v. Martin CA4/2

Filed 6/15/16 P. v. Martin CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E064877

v. (Super.Ct.No. RIF1403749)

DAVID RAY MARTIN JR., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Affirmed as modified.

William D. Farber, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Scott C. Taylor and Warren J.

Williams, Deputy Attorneys General, for Plaintiff and Respondent.

1

Pursuant to a plea to the court, defendant and appellant David Ray Martin Jr.

pleaded guilty to robbery (Pen. Code, § 211)1 with the personal use of a dangerous and

deadly weapon, to wit, a BB gun (§ 12022, subd. (b)). Defendant also admitted that he

had suffered four prior prison terms (§ 667.5, subd. (b)). The trial court sentenced